The Privilege Against Self-Incrimination

The Privilege Against Self-Incrimination
Author: R. H. Helmholz
Publisher: University of Chicago Press
Total Pages: 336
Release: 1997-06-08
Genre: Law
ISBN: 9780226326603

Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.

The Privilege of Silence

The Privilege of Silence
Author: Steven M. Salky
Publisher: American Bar Association
Total Pages: 0
Release: 2009
Genre: Self-incrimination
ISBN: 9781604423969

This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator, as well as the criminal lawyer. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.

We the Corporations: How American Businesses Won Their Civil Rights

We the Corporations: How American Businesses Won Their Civil Rights
Author: Adam Winkler
Publisher: Liveright Publishing
Total Pages: 485
Release: 2018-02-27
Genre: Law
ISBN: 0871403846

National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

Youth Justice in America

Youth Justice in America
Author: Maryam Ahranjani
Publisher: CQ Press
Total Pages: 563
Release: 2014-07-01
Genre: Law
ISBN: 1483319466

Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style by Maryam Ahranjani, Andrew Ferguson and Jamie Raskin – all of whom actively work in the area of juvenile justice -- the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.

Corporate Privileges and Confidential Information

Corporate Privileges and Confidential Information
Author: Jerome G. Snider
Publisher: Law Journal Press
Total Pages: 870
Release: 2023-11-28
Genre: Law
ISBN: 9781588520876

Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy.

Origins of the Fifth Amendment

Origins of the Fifth Amendment
Author: Leonard Williams Levy
Publisher: Ivan R. Dee Publisher
Total Pages: 588
Release: 1999
Genre: History
ISBN:

Origins probes the intentions of the framers of the Fifth Amendment.

The Privilege Against Self-Incrimination and Criminal Justice

The Privilege Against Self-Incrimination and Criminal Justice
Author: Andrew Choo
Publisher: A&C Black
Total Pages: 180
Release: 2014-07-04
Genre: Law
ISBN: 1782253211

The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.

Defendant Participation in the Criminal Process

Defendant Participation in the Criminal Process
Author: Abenaa Owusu- Bempah
Publisher: Routledge
Total Pages: 239
Release: 2016-10-04
Genre: Law
ISBN: 131766468X

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.